The Director of Strategy, Research, and Communication at the Office of the Special Prosecutor (OSP), Samuel Appiah Darko, has explained why former Finance Minister Ken Ofori-Atta must be physically present to assist with ongoing investigations.

Speaking on the JoyNews AM Show, Mr Appiah Darko said the law requires that a suspect be placed under arrest before any statement can be taken.

“Under our jurisdiction, the only way a suspect can be interviewed and all that is when you properly place him under arrest, because he is a suspect. Now, how do we take a statement from you when we have not placed you under arrest? The law doesn’t allow for that.”

He emphasised that the OSP’s approach is purely a legal requirement and not a deliberate attempt to make matters difficult.

“We have explained it over and over that it’s not possible to do that at this stage. But if, for instance, our partners are able to reach him and then place him under arrest and try to let us take whatever we want to take from them, that is also a good option. But we have not gotten there yet. So, when we try to explain to people, they think that the office is being difficult, but it’s a legal process; it’s a huge process.”

Health Concerns

Addressing claims that the former minister is unwell, Mr Appiah Darko said the OSP cannot determine a suspect’s health status based on consultant letters but only on certified reports from hospitals.

“We at the office cannot determine whether you are well or you are not well. We can only determine whether you are well or not well when you are able to bring us certain documentation—so, a certified medical [report] from the hospital, not your personal consultant. There is a difference. In all these scenarios, the letters that have been coming are from his consultant. Sometimes it’s addressed to even the general public; it’s never addressed to us physically. If it is addressed to us directly, then you are even able to engage the person.”

Need for Verifiable Reports

He added that any medical excuse must be supported by hospital records showing whether or not Mr Ofori-Atta can travel or present himself before investigators.

“You know the US system is very privacy-strong; we don’t need letters from your consultant. We need letters from the hospital where you are seeking the treatment. And then when you say you are unwell, there is something we call a flight risk report in America. If you go through their hospitals, they will add what we call a flight risk report. The report is certainly saying that this person is so sick he cannot travel; this person is so sick that he can’t come to you. All those documentation we have not seen. But we can’t simply just believe your words; we have to see documentation—and that we have not seen.”

Proof Must Be Shown

Mr Appiah Darko concluded that the OSP was not doubting the former minister’s health status but insisted that proof must be produced in line with legal requirements.

“Sometimes we see documents before they are even addressed to us, but all we have said is that until he shows proof, verified and certified, of this and that, it doesn’t mean we think he is not sick. We have also said that several people are in Ghana going through medical treatment, but they are reporting every day to court and the police, so it depends on the level of the sickness